Information around the Plastics Treaty

J McKenzie made this Official Information request to Ministry of Foreign Affairs and Trade

The request was successful.

From: J McKenzie

To whom it may concern,

I am making a request for information about New Zealand's work on the UNEP ‘Internationally Binding Instrument to End Plastic Pollution’. Please see my four questions around this below, noting the comments where it regards the withholding provisions of the OIA.

Please note, this request has been sent to both the Ministry of Foreign Affairs and Trade, as well as the Ministry for the Environment. It is my understanding that the information requested is held across both Ministries and so should not be refused under s18(g) of the OIA by either.

1) Intersessional consultation,

Where allowed by the OIA (i.e. partial redactions are okay), all records of consultations with New Zealand stakeholders regarding the UN Global Plastics Treaty, including businesses, environmental groups, and other relevant actors, from January, 2022 to the present. Specifically, I am requesting:
- Meeting minutes or summaries
- Consultation reports or feedback summaries
- Stakeholder lists

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

2) NZ negotiating positions/processes.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding relevant consultation approaches, models, or relevant past examples, that may inform the New Zealand Negotiating Team (that is the team as referenced in the International Binding Instrument to End Plastic Pollution Negotiating Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth Intergovernmental Negotiating Conference (INC-5).

3) Intersessional work with ‘Pacific Small Island Developing States’ (PSIDS),

Where allowed by the OIA (i.e. partial redactions are okay), records of New Zealand’s ongoing collaborations and partnerships with PSIDS related to multilateral environmental issues. Specifically, I am requesting:
Agreements and reports: Documents related to these collaborations, including agreements or reports on joint projects or research initiatives aimed at addressing climate change and environmental challenges, with either specific PSIDS or multiple.

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

4) Funding mechanisms in the Pacific.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding developed or developing funding mechanisms for waste management in the Pacific region, particularly where it concerns ocean waste/plastics.

This can be provided in summarised points in the interest of avoiding substantial collation or research.

I would appreciate if this request could be completed within the standard time frame of 20 working days, with no extensions. If questions in this request would genuinely require extensions, I am happy to negotiate on narrowing the scope ad hoc.

Thank you in advance,

J McKenzie.

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From: ENQUIRIES
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Kia ora and thank you for your email.

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should call the 24/7 Consular emergency line on 0800 30 10 30 or +64 99 20
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From: ENQUIRIES
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Kia ora J McKenzie

Thank you for your OIA request received on 25 August 2024 for:

1) Intersessional consultation,

Where allowed by the OIA (i.e. partial redactions are okay), all records of consultations with New Zealand stakeholders regarding the UN Global Plastics Treaty, including businesses, environmental groups, and other relevant actors, from January, 2022 to the present. Specifically, I am requesting:
- Meeting minutes or summaries
- Consultation reports or feedback summaries
- Stakeholder lists

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

2) NZ negotiating positions/processes.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding relevant consultation approaches, models, or relevant past examples, that may inform the New Zealand Negotiating Team (that is the team as referenced in the International Binding Instrument to End Plastic Pollution Negotiating Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth Intergovernmental Negotiating Conference (INC-5).

3) Intersessional work with ‘Pacific Small Island Developing States’ (PSIDS),

Where allowed by the OIA (i.e. partial redactions are okay), records of New Zealand’s ongoing collaborations and partnerships with PSIDS related to multilateral environmental issues. Specifically, I am requesting:
Agreements and reports: Documents related to these collaborations, including agreements or reports on joint projects or research initiatives aimed at addressing climate change and environmental challenges, with either specific PSIDS or multiple.

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

4) Funding mechanisms in the Pacific.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding developed or developing funding mechanisms for waste management in the Pacific region, particularly where it concerns ocean waste/plastics.

This email confirms receipt of your request and advises that we will respond to it as soon as reasonably practicable, and in terms of the timeframes and requirements of the OIA.

Please note that our response letter to you (with your personal details redacted), and any enclosed documents, may be published on the Ministry’s website.

Ngā mihi

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

-----Original Message-----
From: J McKenzie <[FOI #28178 email]>
Sent: Sunday, August 25, 2024 7:37 PM
To: ENQUIRIES <[MFAT request email]>
Subject: Official Information request - Information around the Plastics Treaty

To whom it may concern,

I am making a request for information about New Zealand's work on the UNEP ‘Internationally Binding Instrument to End Plastic Pollution’. Please see my four questions around this below, noting the comments where it regards the withholding provisions of the OIA.

Please note, this request has been sent to both the Ministry of Foreign Affairs and Trade, as well as the Ministry for the Environment. It is my understanding that the information requested is held across both Ministries and so should not be refused under s18(g) of the OIA by either.

1) Intersessional consultation,

Where allowed by the OIA (i.e. partial redactions are okay), all records of consultations with New Zealand stakeholders regarding the UN Global Plastics Treaty, including businesses, environmental groups, and other relevant actors, from January, 2022 to the present. Specifically, I am requesting:
- Meeting minutes or summaries
- Consultation reports or feedback summaries
- Stakeholder lists

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

2) NZ negotiating positions/processes.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding relevant consultation approaches, models, or relevant past examples, that may inform the New Zealand Negotiating Team (that is the team as referenced in the International Binding Instrument to End Plastic Pollution Negotiating Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth Intergovernmental Negotiating Conference (INC-5).

3) Intersessional work with ‘Pacific Small Island Developing States’ (PSIDS),

Where allowed by the OIA (i.e. partial redactions are okay), records of New Zealand’s ongoing collaborations and partnerships with PSIDS related to multilateral environmental issues. Specifically, I am requesting:
Agreements and reports: Documents related to these collaborations, including agreements or reports on joint projects or research initiatives aimed at addressing climate change and environmental challenges, with either specific PSIDS or multiple.

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

4) Funding mechanisms in the Pacific.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding developed or developing funding mechanisms for waste management in the Pacific region, particularly where it concerns ocean waste/plastics.

This can be provided in summarised points in the interest of avoiding substantial collation or research.

I would appreciate if this request could be completed within the standard time frame of 20 working days, with no extensions. If questions in this request would genuinely require extensions, I am happy to negotiate on narrowing the scope ad hoc.

Thank you in advance,

J McKenzie.

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #28178 email]

Is [MFAT request email] the wrong address for Official Information requests to Ministry of Foreign Affairs and Trade? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

"The information contained in this email message is intended only for the addressee and is not necessarily the official view or communication of the Ministry. If you are not the intended recipient you must not use, disclose, copy or distribute this message or the information in it. If you have received this message in error, please email or telephone the sender immediately."

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From: ESD
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Tēnā koe J McKenzie

 

We refer to your email of 25 August 2024 to the Ministry of Foreign
Affairs and Trade (MFAT) in which you request the following under the
Official Information Act 1982 (OIA):

“I am making a request for information about New Zealand's work on the
UNEP ‘Internationally Binding Instrument to End Plastic Pollution’:

1.         Intersessional consultation,

a.        Where allowed by the OIA (i.e. partial redactions are okay), all
records of consultations with New Zealand stakeholders regarding the UN
Global Plastics Treaty, including businesses, environmental groups, and
other relevant actors, from January, 2022 to the present. Specifically, I
am requesting:

i.          Meeting minutes or summaries

ii.         Consultation reports or feedback summaries

iii.        Stakeholder lists

b.        Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

2.         NZ negotiating positions/processes.

a.        Where allowed by the OIA (i.e. partial redactions are okay),
information that can be provided regarding relevant consultation
approaches, models, or relevant past examples, that may inform the New
Zealand Negotiating Team (that is the team as referenced in the
International Binding Instrument to End Plastic Pollution Negotiating
Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth
Intergovernmental Negotiating Conference (INC-5).

3.         Intersessional work with ‘Pacific Small Island Developing
States’ (PSIDS),

a.        Where allowed by the OIA (i.e. partial redactions are okay),
records of New Zealand’s ongoing collaborations and partnerships with
PSIDS related to multilateral environmental issues. Specifically, I am
requesting agreements and reports: Documents related to these
collaborations, including agreements or reports on joint projects or
research initiatives aimed at addressing climate change and environmental
challenges, with either specific PSIDS or multiple.

b.        Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

4.         Funding mechanisms in the Pacific.

a.        Where allowed by the OIA (i.e. partial redactions are okay),
information that can be provided regarding developed or developing funding
mechanisms for waste management in the Pacific region, particularly where
it concerns ocean waste/plastics.

b.        This can be provided in summarised points in the interest of
avoiding substantial collation or research.”

 

I understand you have also made the same request to the Ministry for the
Environment (MfE).

 

This email is to advise that responding to your request as currently
framed captures a significant volume of information. As such, it is likely
that your request will be refused under section 18(f) of the OIA, as it
would require substantial collation and research in order to respond.

 

I note that you have asked that your request be responded to within 20
working days without extension. In order for us to consider your request
under urgency, section 12(3) of the OIA requires that the requestor give
reasons for seeking said information urgently.

 

Would you kindly please provide us with the reasons for urgency, as
required under section 12(3) of the OIA.

 

Given the substantial information to be considered for your request, the
need for consultation with you on the scope of your request, and the need
for consultations both between agencies and externally, it is highly
unlikely that all information could be provided to you within 20 working
days of your original request.

 

As such, we would be grateful if you could please consider the following:

·                Review the publicly available information provided to
you, and advise whether there are any parts of your requests you wish to
withdraw;

·                Review and confirm your approval of the below proposed
refinements to your request, and provide clarification where requested;
and

·                Advise what parts of your request you wish to be
prioritised for response first, should there be any delays.

 

Publicly available information

Proactively released Cabinet material

·                Cabinet Environment Committee paper and minute
“International Legally Binding Instrument to End Plastic Pollution:
Negotiating Mandate” dated 22 September 2022 (ENV-22-MIN-0038):
[1]https://www.mfat.govt.nz/en/media-and-re...

·                Cabinet paper and minute “Updated negotiating mandate for
an international treaty on plastic pollution” dated 15 April 2024
(CAB-24-MIN-0126):
[2]https://environment.govt.nz/what-governm...

Other helpful information

·                MfE’s “Towards an international treaty on plastic
pollution” page, providing information about the plastics pollution treaty
negotiations to-date:
[3]https://environment.govt.nz/what-governm...

·                MfE’s “International action” page, providing information
about the multilateral environmental agreements we participate in:
[4]https://environment.govt.nz/what-governm...

·                MFAT statement “Aotearoa New Zealand begins negotiations
on a UN treaty to end plastic pollution” dated 29 November 2022:
[5]https://www.mfat.govt.nz/en/media-and-re...

·                MFAT statement “Aotearoa New Zealand joins further
international negotiations to end plastic pollution” dated 29 May 2023:
[6]https://www.mfat.govt.nz/en/media-and-re...

·                MFAT’s development cooperation partnerships in the
Pacific:
[7]https://www.mfat.govt.nz/en/aid-and-deve...

·                MFAT’s climate change support:
[8]https://www.mfat.govt.nz/en/aid-and-deve...

o    Climate change support for the Pacific:
[9]https://www.mfat.govt.nz/en/aid-and-deve...

 

Proposed refinements

Part 1 – Intersessional consultation

Proposed refinement as follows:

“List of stakeholders MfE has had targeted engagement with regarding the
UN Global Plastics Treaty on Plastics Pollution in the lead up to the
fifth round of negotiations, between INC-4 in April 2024 and the date of
the request.”

 

Please note that some of the information provided above in the ‘Publicly
available information’ details some of these consultations. You are
encouraged to review these and let us know whether you wish to refine this
part of the request further.

Part 2 – New Zealand negotiating positions/processes

It is likely that this part of your request will be refused under section
18(e) of the OIA, as there are no documented consultation processes or
positions that would be in scope of your request. However, this part of
your request could be combined with part 1 of your request, which would
therefore make parts 1 and 2 of your request be for:

“Meeting minutes and external emails with stakeholders relating to MfE’s
targeted stakeholder engagement on the UN Global Plastics Treaty on
Plastics Pollution between INC-4 in April 2024 and the date of the
request, in the lead up to INC-5.”

 

You are also referred to the Ministry for the Environment (MfE) website
linked above in the ‘Publicly available information’ – ‘Proactively
released Cabinet material’ section for the Cabinet paper and minute
“Updated negotiating mandate for an international treaty on plastic
pollution” dated 15 April 2024, which is a more updated Cabinet decision
than that referred to in your original request.

Part 3 – Intersessional work with Pacific Small Island Developing States
(PSIDS)

Proposed refinement as follows:

“Formal briefings created by MFAT primarily relating to consultations with
PSIDS on the UN Global Plastics Treaty on Plastics Pollution between the
lead up to INC-1 and the date of the request, in the lead up to INC-5.”

 

Both MFAT and MfE lead a lot of work with the Pacific and on Climate
Change more generally. You may wish to refer to the links provided above
in the ‘Publicly available information’ – ‘Other helpful information’
section.

Part 4 – Funding mechanisms in the Pacific

Proposed refinement as follows:

“Current funding mechanisms for waste management in the Pacific region
developed or under development by MFAT or MfE in relation to the UNEP
Plastics Pollution Treaty Negotiations.”

 

You may wish to refer to the MFAT website pages linked above in the
‘Publicly available information’ – ‘Other helpful information’ section for
information on MFAT’s development cooperation partnerships in the Pacific
region and climate change support for the Pacific for information that may
cover parts of this request.

 

Please note, it is likely that we will need to withhold information from
documents in scope of your request.

 

Please confirm if you are happy to proceed with the refined request above,
by Monday 2 September 2024. If we do not hear from you, we will proceed
with your original request.

 

Please note, any clarification or amendment of a request is considered to
be a new request for the purpose of calculating the maximum statutory
timeframe for response (section 15(1AA) of the OIA refers).

 

You have the right to seek an investigation and review by the Ombudsman of
this decision by contacting [10]www.ombudsman.parliament.nz or freephone
0800 802 602.

 

Ngā mihi

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

 

 

 

-----Original Message-----

From: J McKenzie <[11][FOI #28178 email]>

Sent: Sunday, August 25, 2024 7:37 PM

To: ENQUIRIES <[12][MFAT request email]>

Subject: Official Information request - Information around the Plastics
Treaty

 

To whom it may concern,

 

I am making a request for information about New Zealand's work on the UNEP
‘Internationally Binding Instrument to End Plastic Pollution’. Please see
my four questions around this below, noting the comments where it regards
the withholding provisions of the OIA.

 

Please note, this request has been sent to both the Ministry of Foreign
Affairs and Trade, as well as the Ministry for the Environment. It is my
understanding that the information requested is held across both
Ministries and so should not be refused under s18(g) of the OIA by either.

 

1) Intersessional consultation,

 

Where allowed by the OIA (i.e. partial redactions are okay), all records
of consultations with New Zealand stakeholders regarding the UN Global
Plastics Treaty, including businesses, environmental groups, and other
relevant actors, from January, 2022 to the present. Specifically, I am
requesting:

  -   Meeting minutes or summaries

  -   Consultation reports or feedback summaries

  -   Stakeholder lists

 

Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

 

2) NZ negotiating positions/processes.

 

Where allowed by the OIA (i.e. partial redactions are okay), information
that can be provided regarding relevant consultation approaches, models,
or relevant past examples, that may inform the New Zealand Negotiating
Team (that is the team as referenced in the International Binding
Instrument to End Plastic Pollution Negotiating Mandate, ENV-22-MIN-0038),
in their consultation leading up to the fifth Intergovernmental
Negotiating Conference (INC-5).

 

3) Intersessional work with ‘Pacific Small Island Developing States’
(PSIDS),

 

Where allowed by the OIA (i.e. partial redactions are okay), records of
New Zealand’s ongoing collaborations and partnerships with PSIDS related
to multilateral environmental issues. Specifically, I am requesting:

Agreements and reports: Documents related to these collaborations,
including agreements or reports on joint projects or research initiatives
aimed at addressing climate change and environmental challenges, with
either specific PSIDS or multiple.

 

Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

 

4) Funding mechanisms in the Pacific.

 

Where allowed by the OIA (i.e. partial redactions are okay), information
that can be provided regarding developed or developing funding mechanisms
for waste management in the Pacific region, particularly where it concerns
ocean waste/plastics.

 

This can be provided in summarised points in the interest of avoiding
substantial collation or research.

 

I would appreciate if this request could be completed within the standard
time frame of 20 working days, with no extensions. If questions in this
request would genuinely require extensions, I am happy to negotiate on
narrowing the scope ad hoc.

 

Thank you in advance,

 

J McKenzie.

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[13][FOI #28178 email]

 

Is [14][MFAT request email] the wrong address for Official Information
requests to Ministry of Foreign Affairs and Trade? If so, please contact
us using this form:

[15]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[16]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

 

 

--------------------------------------------------------------------------

"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."

References

Visible links
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2. https://environment.govt.nz/what-governm...
3. https://environment.govt.nz/what-governm...
4. https://environment.govt.nz/what-governm...
5. https://www.mfat.govt.nz/en/media-and-re...
6. https://www.mfat.govt.nz/en/media-and-re...
7. https://www.mfat.govt.nz/en/aid-and-deve...
8. https://www.mfat.govt.nz/en/aid-and-deve...
9. https://www.mfat.govt.nz/en/aid-and-deve...
10. http://www.ombudsman.parliament.nz/
11. mailto:[FOI #28178 email]
12. mailto:[MFAT request email]
13. mailto:[FOI #28178 email]
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Link to this

From: J McKenzie

Kia ora Executive Services Division MFAT,

Thank you for your response to my request, and the enclosed recommendations.

I have reviewed your advice, including publicly available information as well as proposed refinements to my request, and come to the following new/updated request. See the 3 questions as proposed as follows, with some minor wording changes.

Part 1
“Stakeholder Lists as well as meeting minutes and external emails with stakeholders relating to MfE’s targeted stakeholder engagement on the UN Global Plastics Treaty on Plastics Pollution between INC-4 in April 2024 and the date of the request, in the lead up to INC-5.”

Part 2
“Formal briefings created by MFAT primarily relating to consultations with PSIDS on the UN Global Plastics Treaty on Plastics Pollution between the lead up to INC-3 and the date of the request, in the lead up to INC-5.”

Part 3
“Current funding mechanisms for waste management in the Pacific region developed in the last 5 years or under development by MFAT or MfE in relation but not exclusively to the UNEP Plastics Pollution Treaty Negotiations.”

In terms of prioritisation, I am happy to have P2 and P3 prioritised in the interest of meeting the 20 working-day timeline. That is, P1 can be granted an extension under s15A of the OIA, if reasonably needed.

I would like to reiterate that the nature of this request is time-sensitive for me (but not necessarily ‘urgent’ as per s12). I would appreciate it if this is taken as the final version with no further clarifications or amendments made beyond this communication on 1/9/2024. As stated in my first request, it is fine for discretion to be used by MFAT around any withholding or interpretation of the scope, within the spirit of the questions.

Please note, that this request is not made under urgency as per s12(3), I have yet to ask for this to be completed urgently. Rather I have requested that discretion be used to avoid large quantities of information being collated and to limit consultation and withhold where needed, to avoid the grounds for an ‘extension’ under subs15A(1)(a) and (b), and maintain the timeframe 20 working days.

Thank you in advance for all efforts in completing this Official Information request,

J McKenzie

Link to this

From: ESD
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Tēnā koe J McKenzie

 

Thank you for your email of 1 September 2024 in which you agreed to refine
your request to be for:

1.              “Stakeholder Lists as well as meeting minutes and external
emails with stakeholders relating to MfE’s targeted stakeholder engagement
on the UN Global Plastics Treaty on Plastics Pollution between INC-4 in
April 2024 and the date of the request, in the lead up to INC-5.”

2.              “Formal briefings created by MFAT primarily relating to
consultations with PSIDS on the UN Global Plastics Treaty on Plastics 
Pollution between the lead up to INC-3 and the date of the request, in the
lead up to INC-5.”

3.              “Current funding mechanisms for waste management in the
Pacific region developed in the last 5 years or under development by MFAT
or MfE in relation but not exclusively to the UNEP Plastics Pollution
Treaty Negotiations.”

 

Your refined request is acknowledged and a response will be provided in
due course.

 

It would have been necessary under section 14(b) of the OIA to transfer
your request in part to the Ministry for the Environment (MfE) because
some the information you requested is held by that agency. However, we are
aware that you have already made your request to MfE and therefore we have
not transferred it.

 

MfE will provide a response to the following parts of your request:

1.              “Stakeholder Lists as well as meeting minutes and external
emails with stakeholders relating to MfE’s targeted stakeholder engagement
on the UN Global Plastics Treaty on Plastics Pollution between INC-4 in
April 2024 and the date of the request, in the lead up to INC-5.”

3.              “Current funding mechanisms for waste management in the
Pacific region developed in the last 5 years or under development by MfE
in relation but not exclusively to the UNEP Plastics Pollution Treaty
Negotiations.”

 

MFAT are responding to the following parts of your request:

2.              “Formal briefings created by MFAT primarily relating to
consultations with PSIDS on the UN Global Plastics Treaty on Plastics 
Pollution between the lead up to INC-3 and the date of the request, in the
lead up to INC-5.”

3.              “Current funding mechanisms for waste management in the
Pacific region developed in the last 5 years or under development by MFAT
in relation but not exclusively to the UNEP Plastics Pollution Treaty
Negotiations.”

 

You will hear further from the Ministry for the Environemnt concerning the
relevant parts of your request.

 

Ngā mihi

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

-----Original Message-----

From: J McKenzie <[1][FOI #28178 email]>

Sent: Sunday, September 1, 2024 7:50 PM

To: ESD <[2][email address]>

Subject: Re: Refinement: OIA 29631

 

Kia ora Executive Services Division MFAT,

 

Thank you for your response to my request, and the enclosed
recommendations.

 

I have reviewed your advice, including publicly available information as
well as proposed refinements to my request, and come to the following
new/updated request. See the 3 questions as proposed as follows, with some
minor wording changes.

 

Part 1

“Stakeholder Lists as well as meeting minutes and external emails with
stakeholders relating to MfE’s targeted stakeholder engagement on the UN
Global Plastics Treaty on Plastics Pollution between INC-4 in April 2024
and the date of the request, in the lead up to INC-5.”

 

Part 2

“Formal briefings created by MFAT primarily relating to consultations with
PSIDS on the UN Global Plastics Treaty on Plastics  Pollution between the
lead up to INC-3 and the date of the request, in the lead up to INC-5.”

 

Part 3

“Current funding mechanisms for waste management in the Pacific region
developed in the last 5 years or under development by MFAT or MfE in
relation but not exclusively to the UNEP Plastics Pollution Treaty
Negotiations.”

 

In terms of prioritisation, I am happy to have P2 and P3 prioritised in
the interest of meeting the 20 working-day timeline. That is, P1 can be
granted an extension under s15A of the OIA, if reasonably needed.

 

I would like to reiterate that the nature of this request is
time-sensitive for me (but not necessarily ‘urgent’ as per s12). I would
appreciate it if this is taken as the final version with no further
clarifications or amendments made beyond this communication on 1/9/2024.
As stated in my first request, it is fine for discretion to be used by
MFAT around any withholding or interpretation of the scope, within the
spirit of the questions.

 

Please note, that this request is not made under urgency as per s12(3), I
have yet to ask for this to be completed urgently. Rather I have requested
that discretion be used to avoid large quantities of information being
collated and to limit consultation and withhold where needed, to avoid the
grounds for an ‘extension’ under subs15A(1)(a) and (b), and maintain the
timeframe 20 working days.

 

Thank you in advance for all efforts in completing this Official
Information request,

 

J McKenzie

 

-----Original Message-----

 

[UNCLASSIFIED]

 

Tēnā koe J McKenzie

 

 

 

We refer to your email of 25 August 2024 to the Ministry of Foreign 
Affairs and Trade (MFAT) in which you request the following under the 
Official Information Act 1982 (OIA):

 

“I am making a request for information about New Zealand's work on the 
UNEP ‘Internationally Binding Instrument to End Plastic Pollution’:

 

1.         Intersessional consultation,

 

a.        Where allowed by the OIA (i.e. partial redactions are okay),
all  records of consultations with New Zealand stakeholders regarding the
UN  Global Plastics Treaty, including businesses, environmental groups,
and  other relevant actors, from January, 2022 to the present.
Specifically, I  am requesting:

 

i.          Meeting minutes or summaries

 

ii.         Consultation reports or feedback summaries

 

iii.        Stakeholder lists

 

b.        Note: I understand that some information may be withheld due to 
confidentiality or security reasons. If this is the case, I would 
appreciate receiving documents with necessary redactions or general 
summaries.

 

2.         NZ negotiating positions/processes.

 

a.        Where allowed by the OIA (i.e. partial redactions are okay), 
information that can be provided regarding relevant consultation 
approaches, models, or relevant past examples, that may inform the New 
Zealand Negotiating Team (that is the team as referenced in the 
International Binding Instrument to End Plastic Pollution Negotiating 
Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth 
Intergovernmental Negotiating Conference (INC-5).

 

3.         Intersessional work with ‘Pacific Small Island Developing 
States’ (PSIDS),

 

a.        Where allowed by the OIA (i.e. partial redactions are okay), 
records of New Zealand’s ongoing collaborations and partnerships with 
PSIDS related to multilateral environmental issues. Specifically, I am 
requesting agreements and reports: Documents related to these 
collaborations, including agreements or reports on joint projects or 
research initiatives aimed at addressing climate change and environmental 
challenges, with either specific PSIDS or multiple.

 

b.        Note: I understand that some information may be withheld due to 
confidentiality or security reasons. If this is the case, I would 
appreciate receiving documents with necessary redactions or general 
summaries.

 

4.         Funding mechanisms in the Pacific.

 

a.        Where allowed by the OIA (i.e. partial redactions are okay), 
information that can be provided regarding developed or developing
funding  mechanisms for waste management in the Pacific region,
particularly where  it concerns ocean waste/plastics.

 

b.        This can be provided in summarised points in the interest of 
avoiding substantial collation or research.”

 

 

 

I understand you have also made the same request to the Ministry for the 
Environment (MfE).

 

 

 

This email is to advise that responding to your request as currently 
framed captures a significant volume of information. As such, it is
likely  that your request will be refused under section 18(f) of the OIA,
as it  would require substantial collation and research in order to
respond.

 

 

 

I note that you have asked that your request be responded to within 20 
working days without extension. In order for us to consider your request 
under urgency, section 12(3) of the OIA requires that the requestor give 
reasons for seeking said information urgently.

 

 

 

Would you kindly please provide us with the reasons for urgency, as 
required under section 12(3) of the OIA.

 

 

 

Given the substantial information to be considered for your request, the 
need for consultation with you on the scope of your request, and the need 
for consultations both between agencies and externally, it is highly 
unlikely that all information could be provided to you within 20 working 
days of your original request.

 

 

 

As such, we would be grateful if you could please consider the following:

 

·                Review the publicly available information provided to 
you, and advise whether there are any parts of your requests you wish to 
withdraw;

 

·                Review and confirm your approval of the below proposed 
refinements to your request, and provide clarification where requested; 
and

 

·                Advise what parts of your request you wish to be 
prioritised for response first, should there be any delays.

 

 

 

Publicly available information

 

Proactively released Cabinet material

 

·                Cabinet Environment Committee paper and minute 
“International Legally Binding Instrument to End Plastic Pollution:

Negotiating Mandate” dated 22 September 2022 (ENV-22-MIN-0038):

[1][3]https://www.mfat.govt.nz/en/media-and-re...

 

·                Cabinet paper and minute “Updated negotiating mandate
for  an international treaty on plastic pollution” dated 15 April 2024

(CAB-24-MIN-0126):

[2][4]https://environment.govt.nz/what-governm...

 

Other helpful information

 

·                MfE’s “Towards an international treaty on plastic 
pollution” page, providing information about the plastics pollution
treaty  negotiations to-date:

[3][5]https://environment.govt.nz/what-governm...

 

·                MfE’s “International action” page, providing information 
about the multilateral environmental agreements we participate in:

[4][6]https://environment.govt.nz/what-governm...

 

·                MFAT statement “Aotearoa New Zealand begins negotiations 
on a UN treaty to end plastic pollution” dated 29 November 2022:

[5][7]https://www.mfat.govt.nz/en/media-and-re...

 

·                MFAT statement “Aotearoa New Zealand joins further 
international negotiations to end plastic pollution” dated 29 May 2023:

[6][8]https://www.mfat.govt.nz/en/media-and-re...

 

·                MFAT’s development cooperation partnerships in the

Pacific:

[7][9]https://www.mfat.govt.nz/en/aid-and-deve...

 

·                MFAT’s climate change support:

[8][10]https://www.mfat.govt.nz/en/aid-and-deve...

 

o    Climate change support for the Pacific:

[9][11]https://www.mfat.govt.nz/en/aid-and-deve...

 

 

 

Proposed refinements

 

Part 1 – Intersessional consultation

 

Proposed refinement as follows:

 

“List of stakeholders MfE has had targeted engagement with regarding the 
UN Global Plastics Treaty on Plastics Pollution in the lead up to the 
fifth round of negotiations, between INC-4 in April 2024 and the date of 
the request.”

 

 

 

Please note that some of the information provided above in the ‘Publicly 
available information’ details some of these consultations. You are 
encouraged to review these and let us know whether you wish to refine
this  part of the request further.

 

Part 2 – New Zealand negotiating positions/processes

 

It is likely that this part of your request will be refused under section

18(e) of the OIA, as there are no documented consultation processes or 
positions that would be in scope of your request. However, this part of 
your request could be combined with part 1 of your request, which would 
therefore make parts 1 and 2 of your request be for:

 

“Meeting minutes and external emails with stakeholders relating to MfE’s 
targeted stakeholder engagement on the UN Global Plastics Treaty on 
Plastics Pollution between INC-4 in April 2024 and the date of the 
request, in the lead up to INC-5.”

 

 

 

You are also referred to the Ministry for the Environment (MfE) website 
linked above in the ‘Publicly available information’ – ‘Proactively 
released Cabinet material’ section for the Cabinet paper and minute 
“Updated negotiating mandate for an international treaty on plastic 
pollution” dated 15 April 2024, which is a more updated Cabinet decision 
than that referred to in your original request.

 

Part 3 – Intersessional work with Pacific Small Island Developing States

(PSIDS)

 

Proposed refinement as follows:

 

“Formal briefings created by MFAT primarily relating to consultations
with  PSIDS on the UN Global Plastics Treaty on Plastics Pollution between
the  lead up to INC-1 and the date of the request, in the lead up to
INC-5.”

 

 

 

Both MFAT and MfE lead a lot of work with the Pacific and on Climate 
Change more generally. You may wish to refer to the links provided above 
in the ‘Publicly available information’ – ‘Other helpful information’

section.

 

Part 4 – Funding mechanisms in the Pacific

 

Proposed refinement as follows:

 

“Current funding mechanisms for waste management in the Pacific region 
developed or under development by MFAT or MfE in relation to the UNEP 
Plastics Pollution Treaty Negotiations.”

 

 

 

You may wish to refer to the MFAT website pages linked above in the 
‘Publicly available information’ – ‘Other helpful information’ section
for  information on MFAT’s development cooperation partnerships in the
Pacific  region and climate change support for the Pacific for information
that may  cover parts of this request.

 

 

 

Please note, it is likely that we will need to withhold information from 
documents in scope of your request.

 

 

 

Please confirm if you are happy to proceed with the refined request
above,  by Monday 2 September 2024. If we do not hear from you, we will
proceed  with your original request.

 

 

 

Please note, any clarification or amendment of a request is considered to 
be a new request for the purpose of calculating the maximum statutory 
timeframe for response (section 15(1AA) of the OIA refers).

 

 

 

You have the right to seek an investigation and review by the Ombudsman
of  this decision by contacting [10][12]www.ombudsman.parliament.nz or
freephone

0800 802 602.

 

 

 

Ngā mihi

 

 

 

Executive Services Division

New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

 

 

 

 

 

 

 

 

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Ministry of Foreign Affairs and Trade


Attachment OIA 29631 J McKenzie Response signed.pdf
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[UNCLASSIFIED]

Kia ora J McKenzie

 

Please find attached response to your refined OIA request of 1 September
2024.

 

Ngā mihi

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

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"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
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recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."

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